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… Judge Michael E. Hubner entered the order and rendered a comprehensive written opinion. On appeal, defendant argues: … PETITION FOR [PCR] AS [DEFENDANT] MADE A SUFFICIENT PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF COUNSEL TO … taking, N.J.S.A. 2C:20-3(a); and third-degree hindering one's own apprehension, N.J.S.A. 2C:29-3(b)(4). We affirmed …
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… is over." On April 27, 2019, plaintiff filed a new verified complaint in Middlesex County seeking unpaid rent, in the … at the leak in the upstairs hallway and admitted that no one has done so. Plaintiff testified, however, that he told defendant …
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… he was assaulted by Kathy and harassed by her telephone calls that soon followed, Carl filed a complaint against Kathy under the Prevention of Domestic … standards. The proponent of a photograph must make a prima facie showing of its authenticity, State v. Joseph, …
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… DOCKET NO. A-3215-19 MANUFACTURERS AND TRADERS TRUST COMPANY, also known as M&T BANK SUCCESSOR BY MERGER TO … on August 17, 2018, and he filed a contesting answer about one week later. Defendant's answer asserted nineteen … the witnesses, sifted the competent evidence, and made reasoned conclusions." Allstate Ins. Co., 228 N.J. 619. The …
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… appeals from a November 22, 2019 order dismissing his complaint without prejudice and a January 10, 2020 order … harassment and created a hostile work environment. None of these arguments cures the deficiencies in plaintiff's … to state a claim. Rezem Fam. Assocs. v. Borough of Millstone, 423 N.J. Super. 103, 114 (App. Div. 2011); Donato v. …
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… and Mayer. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1878. Steven D. Altman argued … cases is limited. R. 1:36-3. 2 A-2987-18T2 PER CURIAM Petitioner Monique Smith appeals from a final agency decision by … The ALJ suspended Smith for ninety days and awarded her one-half of the attorney's fees requested "as the prevailing …
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… DIVISION DOCKET NO. A-4331-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF T.T., SVP-226-02. ________________________ … grabbed a six-year old child and carried her into an abandoned apartment. He removed the child's clothing and inserted … adults. He has acted in a violent manner towards at least one of his victims. He continues to refuse treatment for his …
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… 2C:5-1 and N.J.S.A. 2C:12- 1(b)(1); and conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. … trial judge severed the indictment to distinguish counts one through seventeen of the indictment, which concerned … the prejudice to the State, and the importance of the petitioner's claim in determining whether there has been an …
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… for summary judgment and dismissal of EDI's malpractice complaint. We reverse and remand for further proceedings. … of law." R. 4:46-2(c). EDI argues the Law Division judge erroneously applied the doctrine of collateral estoppel … were present, the Family Part judge's determination was erroneous because she decided the conflict of interest issue …
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… with the plea agreement to three years' probation conditioned upon serving 180 days at the county jail at the end of … of the various motor vehicle 3 A-2538-18T3 violations committed by defendant." We therefore affirm substantially … stated in Judge Rodriguez's comprehensive and well-reasoned written opinion issued on June 20, 2018. We add these …
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… FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL COUNSEL'S INEFFECTIVENESS FOR … expressed in Judge Gwendolyn Blue's cogent and well-reasoned oral opinion accompanying the order. We incorporate herein the facts set …
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… appeals from the January 3, 2020 order, dismissing his complaint with prejudice for failure to state a claim. We … demanded cigarettes, and when a salesclerk asked him for money, plaintiff lifted his shirt and displayed what the … that a new cause of action accrues." Id. at 114. However, one "'wrongful act with consequential continuing damage is …
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… lacked merit. I. In 2005, defendant engaged in internet communications with a person he believed was a … of defendant's petition but found that he had not made a prima facie showing of ineffective assistance of counsel. In … he articulates his arguments as follows: POINT ONE – [DEFENDANT] IS ENTITLED TO AN EVIDENTIARY HEARING ON …
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… the trial court conducted an evidentiary hearing at which one witness testified: Officer Conway. Conway explained that … that he was standing by the side of the road and had positioned himself in a place where he 4 A-1699-19 could see … the procedures necessary 5 A-1699-19 for a checkpoint to comply with the Fourth Amendment and Article I, Paragraph 7 …
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… Tasha M. Bradt, Deputy Attorney General, and Nicholas Falcone, Deputy Attorney General, on the briefs). NOT FOR … 16, 2019, and July 16, 2019, adjudicating Ali-X guilty of committing prohibited act .709, failure to comply with a … 12, Major Sears advised Ali-X that submitting multiple remedies on the same subject is a violation of the rules and …
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… limited. R. 1:36-3. 2 A-0089-19 Jose Negrete, a State prisoner, appeals from a final agency determination by the New … Department of Corrections (DOC), which found him guilty of committing prohibited act *.005, threatening another with … a four-page written explanation. The hearing officer reasoned that "it is quite plausible to believe that the …
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… do so" based on her immigration status. Defendant wanted a "complete marriage," including children. According to … defendant explained, as a married couple, they vacationed, went out to dinner, and resided in the same home. 3 … the marriage was never consummated and defendant owed him money. Defendant filed a responsive pleading, and the parties …
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… hindering apprehension, N.J.S.A. 2C:29-3(b)(4). He argues primarily that the judge erred by denying his appeal from … that defendant was falsely filing for unemployment and committing other tax fraud. In July 2019, the MCPO charged … he appealed to the judge arguing that the prosecutor erroneously rejected his PTI application. The judge entered the …
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… until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally … the person most often operates, for the purpose of complying with" N.J.S.A. 39:4-50.16 to -50.18. The ignition … panel of this court issued its opinion in State v. Scudieri, ___ N.J. Super. ___ (App. Div. 2021). In that case, …
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… A-3947-17T1 On March 4, 2016, defendant was sentenced, as recommended, to a term of four years in prison with a two-year … charge and to a consecutive term of three years with a one-year period of parole ineligibility under the … an evidentiary hearing because defendant had not shown a prima facie case of ineffective assistance of counsel. On …